Citation Numbers: 49 How. Pr. 236
Filed Date: 7/15/1875
Status: Precedential
Modified Date: 2/5/2022
In this case a judgment was obtained some time ago against the defendant, and in supplementary proceedings he was examined as to his property. Upon this examination it was proven that he had no property. 'It was shown further that he drove a milk route, from the earnings of which he supported his family. The plaintiff herein recently, applied to chief judge Daly, in this court, to have a portion of these earnings applied, toward the payment of the judgment. In deciding the case, Daly, C. J., says: “This application must be denied. The forty-nine dollars which the plaintiff asks to have applied toward the payment of the judgment are earnings of the defendant for his personal services during the past sixty days, and cannot be applied when it appears by his affidavit that such earnings .are necessary for the family wholly supported by him, consisting of his father, mother and sister. He drives a milk wagon, which is mortgaged for more than it is worth, and earns a small amount daily by getting milk from a person in Westchester and